North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other…
A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good…
The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case…
On a national level, the number of marriages has begun to increase after taking a dive in the couple of years following the COVID-19 pandemic. Even though more people may be getting married now, there are still a significant number of unmarried couples who live together in North Carolina. If…
As part of the North Carolina divorce process, spouses often have assets that need to be divided between them. Equitable distribution is an option if one or both spouses request it, and it is the process by which the court will divide the property in a way that is equitable…
The judicial system relies on a judge’s ability to render an impartial and fair judgment. When that isn’t possible, judges should remove themselves from the case. This is known as recusal. Typically, recusal is based on the Code of Judicial Conduct and scenarios in which the judge may have questionable…
Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing. Can a…
Spousal support can be awarded in North Carolina divorces if the court determines that such payments are necessary for the maintenance of a lesser-earning or dependent spouse. The terms of support vary from case to case, but the court may award payments for a set or indefinite period of time.…
When awarding spousal support in North Carolina, courts must look at various factors to determine not just if support is appropriate but also how much to award and for how long. State law includes the following factors for courts to consider: Marital misconduct Earnings and earning capacity of each spouse…
North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of…